Md. Code Regs. 11.11.03.11

Current through Register Vol. 51, No. 18, September 6, 2024

Section 11.11.03.11 - Term of Suspension

A. Test Refusals.

(1) In the case of a test refusal, the Administration shall suspend the license:

(a) 270 days from a person's first offense; and

(b) 2 years for a person's second or subsequent offense.

(2) Test refusal offenses occurring before and after January 1, 1990, shall be considered in determining the term of suspension to be imposed.

B. Test Results.

(1) In the case of a test result indicating an alcohol concentration of 0.08 or more, but less than 0.15 at the time of testing, the Administration shall suspend the license for 180 days for a person's first or subsequent offense.

(2) For the purpose of this section, a prior offense is any test result on or after:

(a) January 1, 1990, indicating an alcohol concentration of 0.08 or more; or

(b) January 1, 2007, indicating an alcohol concentration of 0.15 or more.

C. Test Results Indicating an Alcohol Concentration of 0.15 or More.

(1) In the case of a test result indicating an alcohol concentration of 0.15 or more, the Administration shall suspend the license:

(a) 180 days for a person's first offense; and

(b) 270 days for a person's second or subsequent offense.

(2) For the purpose of this section, a prior offense is any test result on or after January 1, 2007, indicating an alcohol concentration of 0.15 or more.

Md. Code Regs. 11.11.03.11

Regulations .11 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)
Regulations .11 adopted effective May 28, 1990 (17:10 Md. R. 1220)
Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); amended effective 43:19 Md. R. 1073, eff. 10/1/2016